Debt Collector Privacy Violations

Debt collectors may contact you to seek repayment when you fall behind on payments. However, they must follow strict rules under the Fair Debt Collection Practices Act (FDCPA) and other laws to protect your privacy. If a debt collector oversteps these legal boundaries, they may be violating your rights. If this happens, a Florida consumer protection lawyer from Sharmin & Sharmin may be able to help you recover compensation.

Understanding Debt Collector Privacy Laws

Federal and state laws regulate debt collectors to ensure fair and lawful debt collection practices. The FDCPA, enforced by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB), prohibits unfair, deceptive, or abusive practices. Additionally, Florida has state-specific laws that protect consumers from harassing or unlawful debt collection tactics.

Common Privacy Violations by Debt Collectors

Debt collectors cannot share your personal financial information or contact you in ways that violate your privacy. Some of the most common privacy violations include:

Discussing Your Debt with Others

Debt collectors cannot share information about your debt with anyone except you, your spouse, and your attorney. They cannot disclose your debt to family members, employers, co-workers, or friends. If a collector contacts others, they can only ask for your location information and may not discuss your financial situation.

Contacting You at Work After Being Told to Stop

If a debt collector contacts you at work and you inform them that your employer prohibits such calls, they must immediately stop. Continuing to call your workplace could be a violation of your rights.

Harassing You with Excessive Calls

Debt collectors cannot repeatedly call you to annoy, abuse, or harass you. While they can make reasonable attempts to contact you, it may be illegal to make excessive calls, especially after you request that they stop.

Failing to Provide a Validation Notice

A debt collector must send you a written validation notice within five days of their first contact, stating the amount you owe, the name of the creditor, and your right to dispute the debt. If they fail to provide this notice, they may be violating your consumer rights.

Using Threats or Deceptive Practices

Debt collectors cannot threaten you with arrest, wage garnishment, or legal action unless they have the actual authority and intention to do so. They are also prohibited from pretending to be attorneys, law enforcement, or government officials.

Calling After You Request Them to Stop

Under the FDCPA, you can request in writing that a debt collector stop contacting you. Once they receive your request, they may only contact you to confirm they will stop or notify you of legal action. Continuing to call or send letters after receiving your request is unlawful.

What to Do If a Debt Collector Violates Your Privacy

Take the following steps if you believe a debt collector has violated your privacy:

• Keep records: Save voicemails, letters, or emails as evidence.
• Document calls: Write down dates, times, and details of all interactions.
• Send a cease-and-desist letter: Request, in writing, that they stop contacting you.
• File a complaint: Report the violation to the CFPB, FTC, or Florida Attorney General’s Office.
• Consult our Florida consumer protection attorneys: Under the FDCPA, you may be entitled to damages, including up to $1,000 in statutory damages, plus attorney fees.

Protect Your Privacy by Taking Action Today

If a debt collector has harassed you or violated your privacy, our experienced Florida consumer protection lawyers at Sharmin & Sharmin can help you hold abusive debt collectors accountable and protect your rights. Contact us today to schedule a free consultation.